- (1.) HEARD Shri Siddhar tha Varma, learned Counsel appearing for the applicants and Shri A. K. Shukla, learned Standing Counsel representing respondents Nos. 1 and 2. The order dated 10th September, 1990 passed in Civil Misc. Writ Petition No. 17849 of 1989, Vijay Shanker and others v. State of Uttarpradesh and another, is sought to be recalled. The order dated 10th September, 1990 runs as under: "sri A. P. Shahi, holding brief of Sri R. N. Singh, learned Counsel for the petitioner, states that an application was made by the petitioner not to press this petition. Therefore, this peti tion is dismissed as not pressed without prejudice to the application being made by the petitioner under Article 215 of the Constitution. The interim order dated 21 si December, 1989 is vacated. "
(2.) THE writ petition was directed against the notifications issued by the State of U. P. under Sections 4 and 6 of the Land Acquisition Act, 1894, hereinafter called the Act, whereby plot No. 562 and a part of ploti No. 561, situate in village Zira Basti, District Ballia, belonging to the petitioners were sought to be acquired for the benefit of U. P. State Road Transport Corporation, impleaded to the petitione as respondent No. 3. From the averments made in para graph Nos. 4 and 5 of the affidavit or Shri Vijay Shankar filed in support of the ap plication it appears that on 23rd August, 1990 a compromise was entered into be tween the applicants and the U. P. State Road Transport Corporation, the respon dent No. 3. According to the averments in paragraph 6 of the said affidavit, an ap plication was filed for withdrawal of the petition. Incidently, the application for withdrawal is not on record. On 10th September, 1990, the peti tion was up for consideration before the Court. Shri A. P. Shahi, holding brief of Shri R. N. Singh, the learned Counsel then appearing for the applicants, stated that an application was made by the petitioners to the effect that the petition was not pressed. Acting upon this statement of Shri Shahi, the Court dismissed the petition as not pressed.
(3.) IN paragraph-7 of the affidavit it is asserted that the terms of the compromise were being flouted without any justifica tion and in paragraph 8 of the affidavit it is stated that the respondents started taking possession of the disputed plots of the applicants forcibly. IN paragraph 9 of the affidavit it is stated that since the terms of the compromise were not being abided by the respondents, the applicants were forced to file Writ Petition No. 24762 of 1990, Vijay Shanker and others v. State of U. P. and another praying for issuance of a writ of mandamus directing the respon dents to give effect to the compromise entered into between the petitioners and District Magistrate, Ballia and UPSRTC on 23-8- 1990 and for other reliefs. IN the writ petition the prayer for quashing the notifications issued by the State Govern ment under Sections 4 and 6 of the Act, which was challenged in Civil Misc. Writ Petition No. 17849 of 1989, was also made. The Writ Petition No. 24762 of 1990 came up for consideration before a Division Bench on 17th April, 1996, and the Division Bench dismissed the writ peti tion vide its judgment and order dated 17th April, 1996, a photocopy of which is An-nexure-2 to the affidavit filed in support of the application under consideration.;